California Family Code § 2300 (2025)

Plain-language summary

Section 2300 simply means that when a divorce (dissolution of marriage) is finalized, the marriage is legally ended and both former spouses are restored to the status of single (unmarried) persons. In other words, a valid marriage is dissolved by the divorce, and after the final judgment each party has no marital relationship with the other.

Real-World Examples

  • After John and Jane complete their divorce, the judge issues a final decree. From that moment, both are legally single. Jane can remarry without restriction, and neither is considered the other’s spouse under the law.
  • If a divorced spouse dies after the divorce is final, the other is no longer treated as a widow or widower under marriage-based benefit rules. For example, in Lovell v. Parrish (1939), the court explained that a final divorce decree “restore[s] the parties to the state of unmarried persons,” so the ex-wife could not claim benefits as her late husband’s widow.
  • By contrast, a legal separation (not a dissolution) does not end the marriage. Section 2300 applies only to final divorce judgments. Until a divorce is granted, the spouses remain legally married (and thus cannot remarry) even if they live apart.

Published Case Law on § 2300

  • Lovell v. Parrish (1939) 34 Cal.App.2d 323, 324 (2d Dist.) – In this pension case, the court held that once a divorce judgment is final, former spouses are not entitled to widow’s benefits. The court quoted the old Civil Code (cited in §2300) that “the effect of a judgment decreeing a divorce, is to restore the parties to the state of unmarried persons”. In other words, divorce fully ends the marriage.
  • In re Marriage of Garcia (2017) 13 Cal.App.5th 1334 – The court contrasted a divorce (dissolution) with an annulment (nullity), noting that a divorce “restor[es] the spouses to the status of ‘unmarried persons’” as provided in §2300. Here, a first action (divorce) was dismissed and the wife sought a separate nullity. The court explained that because a valid marriage had been dissolved by the divorce (making both parties unmarried), the second nullity action involved a different legal right and was not barred by the first judgment.
  • In re Marriage of Gagne (1990) 225 Cal.App.3d 277 – This divorce case involved premarital loan claims. The court noted that after a divorce, spouses are unmarried, so the Family Law Act applies differently. It stated that parties seeking to enforce a “Marvin” cohabitation contract must do so in a civil court “because, by definition, the Family Law Act does not apply to unmarried persons”. This reflects §2300’s principle that once the marriage is dissolved, the spouses are treated as single individuals.

Full text of California Family Code § 2300

Section 2300. “The effect of a judgment of dissolution of marriage when it becomes final is to restore the parties to the state of unmarried persons.”

Nothing on this page should be considered legal advice. For more information or advice about your specific situation, you should consult a qualified attorney.